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If forcing people into commerce is un-Constitutional?

Then is the law requiring hospital emergency rooms to treat uninsured patients (thus forcing a private entity to provide a commercial service) also un-Constitutional?

12 Answers

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  • 1 decade ago
    Favorite Answer

    Meh, not quite. A hospital can turn a patient that doesn't need immediate treatment away due to not having insurance and not being able to pay a portion up front. For the patients with injuries and ailments that the law does apply to, the need for treatment is usually so urgent that there's no time to delay it to make a determination on whether the patient can pay or not. Once the patient is stabilized the hospital can require them to transfer, and of course the law doesn't prohibit the hospital from billing the patient.

    Change the situation. It's unconstitutional for the government to force my to buy a burger from McDonald's. It's against the law for McDonald's to refuse to serve me because I'm a woman. Is McDonald's being unconstitutionally forced into commerce?

  • L.T.M.
    Lv 7
    1 decade ago

    Every single doctor and nurse could refuse to treat patients. They could just walk off the job. Who is gonna make them provide care? Does govt own them? No. So it can't be mandated can it. Rights are neutral. They don't require action by others. They just are.

  • Anonymous
    1 decade ago

    Fine as long as uninsured patients will pay for it. You don't get a free pass if you wreck an uninsured vehicle.

  • 4 years ago

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  • 1 decade ago

    It's worth noting that even if it is ultimately found that the individual mandate is not justified under the commerce clause, that is not to say that other, similar things cannot be justified under entirely different clauses, for reasons that have no relevance to the mandate.

  • ER visits are not very often at all for the average person, and the government does'nt insist that you go, it's your choice.....I doubt you'll refuse a trip when you have blood squirting from you, or your skull is fractured.

  • 1 decade ago

    You don't understand the basis of the arguement.

    If I am a doctor, I can not choose to discriminate against blacks. But I can choose to retire and just not work anymore. The government can regulate my activity (to a degree) but they can not regulate my inactivity.

  • Anonymous
    1 decade ago

    Interesting point. I suppose that is unconstitutional to

  • 1 decade ago

    Yes it is.

  • 1 decade ago

    No, that is what hospitals do.

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